No-fault Preliminary Conferences in New York County

As of January 2, 2006, all cases filed in the Civil Court, New
York County, following Insurance Law § 5106(a) and 11 NYCRR
Part 65 by a medical provider to recover damages from an insurance
provider for services rendered to an insured (no-fault cases) must
be noticed for a preliminary conference following 22
NYCRR 208.9. These conferences are to be requested within 45
days of joinder of issue. At the preliminary conference a discovery
schedule will be set and a date for a compliance conference will
be chosen.

Preliminary
Conference Procedure

Within 45 days of joinder of issue, the attorney for the plaintiff
must serve a copy of the Request for a Preliminary Conference, form
CIV-GP-130, on the defendant. The original Request for a Preliminary
Conference must be filed in the clerk’s office, together with
an affidavit of service on the defendant and stamped post cards,
addressed to all parties. A copy of this form may be obtained by
clicking on Request for a Preliminary
Conference, or from the clerk’s office, New York County
Civil Court, 111 Centre Street, Room 118.

Upon submission of a Request for a Preliminary Conference form,
a preliminary conference will be scheduled in Part 27 and the parties
will be notified by post card. The cases will also be listed in
the New York Law
Journal.

At the preliminary conference in Part 27, a discovery schedule
will be ordered. The Discovery Order will contain a date for the
parties to return for a compliance conference.

If the parties settle the action before the preliminary conference
date, the parties may file a Preliminary Conference Stipulation
and Order for Discovery, form CIV-GP-131, and no appearance will
be necessary. If the parties complete discovery or stipulate to
a discovery schedule prior to the preliminary conference date, form
CIV-GP-131, along with stamped post cards addressed to the attorney
for the plaintiff and defendant shall be submitted for notification
to the parties of the compliance hearing date. No appearance will
be necessary. To obtain a copy of this form, click on Preliminary
Conference Stipulation and Order for Discovery.

Compliance
Conference Procedure

After the preliminary conference, if the case is not settled, a
compliance conference will be held in Part 28. At the compliance
conference, the judge may enter an order for whatever relief is
deemed appropriate. If all discovery has been completed, the parties
may be directed to file a Notice of Trial.

If the case is scheduled for compliance in Part 28 and the parties
settle the action, a copy of the Compliance Stipulation and Order,
form CIV-GP-132, may be filed with the Part 28 clerk on or before
the return date. If form CIV-GP-132 is filed, no appearance will
be necessary. To obtain a copy of this form, click on Compliance
Stipulation and Order.